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Bruce Anderson v. State of Indiana
State: Indiana
Court: Court of Appeals
Docket No: 53A01-0903-CR-122
Case Date: 12/29/2009
Preview:Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

ATTORNEY FOR APPELLANT: ROY GRAHAM Bloomington, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana NICOLE M. SCHUSTER Deputy Attorney General Indianapolis, Indiana

FILED
Dec 29 2009, 9:46 am
of the supreme court, court of appeals and tax court

IN THE COURT OF APPEALS OF INDIANA
BRUCE ANDERSON, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

CLERK

No. 53A01-0903-CR-122

APPEAL FROM THE MONROE CIRCUIT COURT The Honorable Kenneth G. Todd, Judge Cause No. 53C03-0807-CM-3035

December 29, 2009

MEMORANDUM DECISION - NOT FOR PUBLICATION

KIRSCH, Judge

Bruce Anderson was convicted of criminal trespass1 as a Class A misdemeanor after a jury trial and was sentenced to 360 days with 194 days suspended. He appeals, raising several issues of which we find the following dispositive: whether he was denied the effective assistance of his trial counsel when counsel failed to either move for an evaluation of Anderson's competency to stand trial or to raise the defense of mental disease or defect. We reverse. FACTS AND PROCEDURAL HISTORY On June 20, 2008, Anderson went to Woodburn Hall at Indiana University ("I.U.") in Bloomington, Indiana. It was Friday afternoon, and few people were present in the building. Once inside, he encountered Darla Martin and asked her for directions to the office of the chair of the political science department. Martin gave Anderson directions and left him. A few minutes later, she encountered Anderson again, and he expressed anger because he believed that she had given him incorrect directions. Martin then went to get a member of the administrative staff to speak to Anderson. During this time, Anderson's demeanor ranged between agitated and calm, and he engaged in a rambling, disjointed conversation. He also made a statement to the effect that, "this is why

Columbine and Virginia Tech happened." Tr. at 128. Based on this, Martin went to get another staff member. Eventually, yet another staff member was able to calm Anderson and persuade him to leave. The staff members called the I.U. Police Department and reported the incident.
1

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